SB 158 to allow the Cosmetology Commission to license...
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State of South Dakota
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SEVENTY-SECOND
SESSION
LEGISLATIVE ASSEMBLY,
1997
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553A0523
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SENATE BILL
NO.
158
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Introduced by:
Senators Thompson and Aker and Representatives Jorgensen, Cutler,
DeMersseman, Hunt, and Roe
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FOR AN ACT ENTITLED, An Act
to allow the Cosmetology Commission to license nail
technicians separately from other cosmetologists, to provide for a nail shop license, and to
revise certain provisions concerning the Cosmetology Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
36-15-1 be amended by adding thereto a NEW SUBDIVISION to read as
follows:
"Cosmetological establishment," or "establishment," any beauty shop, nail shop, or beauty
school;
"Manager-nail technician," any person meeting the requirements of this chapter who
manages a nail shop or establishment;
"Nail shop," any place, premise, or building or any part or portion thereof where nail care
is practiced for compensation, but not a beauty shop or beauty school;
"Nail care," the care and beautification of the hands and feet, including filing, trimming, or
buffing of the nails, and the application of polish, wrappings, nail extensions, and other
materials or substances on the nails;
"Nail technician," any person who, for compensation, engages in the practice of nail care,
but not in other practices of cosmetology.
Section
2.
That
§
36-15-11
be amended to read as follows:
36-15-11.
The duties of the members of the
cosmetology
commission
shall
include
but not
be limited to
inspection of beauty shops,
nail shops,
beauty schools
, nail technicians,
and
cosmetologists
,
;
conducting examinations for applicants for licenses under this chapter,
investigating violations
and enforcing provisions
of this chapter and
the
rules
and regulations
established by the commission pursuant to this chapter
and enforcing the provisions thereof,
;
maintaining an office for the keeping of records
,
;
and doing all things necessary for the proper
administration of this chapter.
Section
3.
That
§
36-15-13
be amended to read as follows:
36-15-13.
The
cosmetology
commission may adopt rules
pursuant to chapter 1-26
pertaining
to the following:
(1)
Application requirements for any license or permit issued pursuant to this chapter;
(2)
Examinations;
(3)
Reports of students' instruction and work performed;
(4)
Minimum standards and requirements for beauty schools;
(5)
Minimum standards for plumbing, electrical, physical
,
and sanitary conditions for the
health and safety of persons utilizing cosmetological establishments pursuant to
§
36-15-13.1;
(6)
The professional conduct of licensees pursuant to
§
36-15-13.1;
(7)
The reinstatement of lapsed licenses and lapsed renewal pursuant to
§
36-15-20.1;
(8)
Establishing the fee for a lapsed license and lapsed renewal pursuant to
§
36-15-20.1;
(9)
The course and instruction requirements received by transfer students pursuant to
§
36-15-34;
(10) The textbooks, instructional material
,
and the general course of study for beauty
schools and
for
beauty shops and
establishments
nail shops
having apprentices
pursuant to
§
36-15-46;
(11) The progress and instruction received by an apprentice pursuant to
§
36-15-48; and
(12) The fees for all licenses, permits
,
and renewals.
Section
4.
That chapter 36-15 be amended by adding thereto a NEW SECTION to read as
follows:
Any person desiring to practice nail care in this state as a nail technician shall apply to the
commission to take the nail technician examination. The application shall contain the
information required by
§
36-15-15 and proof that the applicant has completed four hundred
hours of training in an approved and licensed beauty school or, in lieu of such training, has
successfully completed a course of apprenticeship in a licensed beauty shop or nail shop, as
provided in section 17 of this Act. The application shall be accompanied with the fee required
by this chapter.
Section
5.
That
§
36-15-19
be amended to read as follows:
36-15-19.
The
cosmetology
commission shall conduct at least six examinations in the art
and practice of cosmetology
and at least two examinations in the practice of nail care
each year.
Such examinations shall be held and conducted at such times and places as the commission
deems best.
The commission shall set the times and places for the conduct of the examination.
Section
6.
That chapter 36-15 be amended by adding thereto a NEW SECTION to read as
follows:
Each applicant for a nail technician license who has complied with section 4 of this Act shall
take an examination before the commission in the art and practice of nail care. The commission
shall prescribe the examination. If the applicant satisfactorily passes the examination, as
determined by the commission, the commission shall license the applicant as a nail technician.
Any nail technician license issued by the commission expires on January thirty-first each year
and is renewable annually.
Section
7.
That
§
36-15-19.2
be amended to read as follows:
36-15-19.2.
The
cosmetology
commission may
, in its discretion,
waive the examination
required in
§
36-15-19.1
or section 6 of this Act
upon application made to the commission that
such
the
applicant possesses the qualifications required pursuant to
§
36-15-15, and that:
(1)
He
The applicant
is of good moral character;
(2)
The applicant has passed an examination in cosmetology
or nail care, as applicable,
in the District of Columbia or any state or territory in the United States and is the
holder of a currently valid license, certificate
,
or certificate of registration in
cosmetology
or nail care
issued in that district, state, or territory;
(3)
The requirements of that district, state, or territory at the time of
such
the
examination were not less than those required by this state as a condition precedent
to the
issue of said
issuance of the
license, certificate
,
or certificate of registration;
(4)
The applicant
presents himself
comes
before any member of the commission for
an
a written or oral
examination on South Dakota cosmetology laws
, which examination
may be either written or oral, and that such party's
and the
examination is approved
in writing by
said
the
commission member; and
the
(5) The
application is accompanied
by
with
the fee provided for in this chapter.
Section
8.
That
§
36-15-20
be amended to read as follows:
36-15-20.
The fees promulgated in rules
by the commission pursuant to chapter 1-26
for all
examinations,
licenses, permits
,
and renewals
thereof,
required by this chapter
are as follows
may not exceed the following maximums
:
(1)
"
Operator
" license
examination fee,
not to exceed twenty-five
twenty
dollars;
(2) Operator license fee, fifteen dollars;
(2)
(3)
"Operator's"
Operator
license renewal fee,
not to exceed
fifteen dollars;
(3)
(4)
Nail technician examination fee, twenty dollars;
(5) Nail technician license fee, fifteen dollars;
(6) Nail technician license renewal fee, fifteen dollars;
(7)
Temporary
"
operator
"
or nail technician
license fee,
not to exceed
six dollars;
(4)
(8)
"
Manager-operator
"
license fee,
not to exceed
fifteen dollars;
(5)
(9)
"
Manager-operator
"
license renewal fee,
not to exceed
fifteen dollars;
(10) Manager-nail technician license fee, fifteen dollars;
(11) Manager-nail technician license renewal fee, fifteen dollars;
(6)
(12)
"
Junior instructor
"
license fee,
not to exceed
fifteen dollars;
(7)
(13)
"
Junior instructor
"
license renewal fee,
not to exceed
fifteen dollars;
(8)
(14)
"
Senior instructor
"
license fee,
not to exceed
fifteen dollars;
(9)
(15)
"
Senior instructor
"
license renewal fee,
not to exceed
fifteen dollars;
(10)
(16)
Reciprocity and waiver of examination fee,
not to exceed
fifty dollars;
(11)
(17)
Temporary permit based on reciprocal recognition of another state license,
not
to exceed
six dollars;
(12)
(18)
For endorsement of a certificate issued under this chapter, for a South Dakota
licensee to obtain reciprocity in another state, or furnishing of other papers therefor
to another state, five dollars;
(13)
(19)
"
Apprentice
"
license fee,
not to exceed
twenty-five dollars;
(14)
(20)
"
Beauty school
"
license fee,
not to exceed
two hundred fifty dollars;
(15)
(21)
"
Beauty school
"
license renewal fee,
not to exceed
two hundred fifty dollars;
(16)
(22)
"
Student
"
license fee,
not to exceed
six dollars;
(17)
(23)
"
Beauty shop
"
license fee,
not to exceed
fifty dollars;
(18)
(24)
"
Beauty shop
"
license renewal fee,
not to exceed
twenty-five dollars
;
(25) Nail shop license fee, fifty dollars;
(26) Nail shop license renewal fee, twenty-five dollars
.
Any license
or
,
permit
,
or renewal fee which is collected by the commission shall be the
same for each respective license
, permit,
or renewal regardless of the time
element
remaining
before the expiration date
thereon
.
Section
9.
That chapter 36-15 be amended by adding thereto a NEW SECTION to read as
follows:
Any person licensed by the commission as a nail technician may qualify to be licensed as
a manager-nail technician by applying to the commission and submitting evidence satisfactory
to the commission that the applicant meets the requirements of
§
36-15-15 and has worked at
least fifty weeks, with an average of forty hours a week, as a licensed nail technician.
Section
10.
That
§
36-15-21.1
be amended to read as follows:
36-15-21.1.
Any
"manager-operator's"
manager-operator or manager-nail technician
license
issued by the commission pursuant to this chapter
shall expire
expires
on the thirty-first
day
of
January
annually, and shall be
each year and is
renewable annually. The application
must
for
renewal shall
be accompanied
by
with
the fee required by this chapter.
Section
11.
That
§
36-15-22
be amended to read as follows:
36-15-22.
Any person who is a holder of a valid and current license, certificate or certificate
of registration as an operator or manager-operator in the practices of cosmetology from another
state of the United States may make application to the commission for a temporary permit to
practice the art of cosmetology pursuant to the provisions of this chapter. Said application must
be accompanied with evidence satisfactory to the commission that such applicant possesses
those qualifications required pursuant to
§
36-15-15 and that such state's requirements for
licensure are comparable to this state's requirements for licensing operators and
manager-operators. Such application must be accompanied by the fee required by this chapter.
Upon acceptance and issuance by the commission, said temporary permit shall expire ninety
days after issuance.
Any person who holds a current valid license, certificate, or certificate of
registration from another state or territory of the United States or from the District of Columbia
as an operator or manager-operator in the practices of cosmetology or as a nail technician or
manager-nail technician in the practice of nail care may apply to the commission for a
temporary permit to practice the art of cosmetology or nail care, as applicable, pursuant to the
provisions of this chapter. The application shall be accompanied with evidence satisfactory to
the commission that the applicant possesses those qualifications required pursuant to
§
36-15-15
and that the requirements of that state, territory, or district for licensure are comparable to the
requirements of this state for licensure. The application shall be accompanied with the fee
required by this chapter. A temporary permit expires ninety days after issuance.
Section
12.
That
§
36-15-29
be amended to read as follows:
36-15-29.
Any person desiring to conduct a beauty school for any or all of the practices or
arts of cosmetology shall make application to the state cosmetology commission for a license.
If the commission determines upon satisfactory evidence submitted that such beauty school
requires of its students a course of training in the practices and arts of cosmetology of not less
than twenty-one hundred hours equal to the requirements for examination for an "operator's"
license, and such beauty school satisfies the requirements established by the commission rules
and regulations adopted pursuant to this chapter, it shall issue such license.
Any person desiring
to conduct a beauty school for any of the practices or arts of cosmetology shall apply to the
commission for a license. If the commission determines, based on evidence submitted with the
application, that the beauty school requires of its students a course of training in the practices
and arts of cosmetology of not less than twenty-one hundred hours equal to the requirements
for examination for an operator license or a course of training in nail care of not less than four
hundred hours equal to the requirements for examination for a nail technician license and the
beauty school satisfies the requirements established by rules adopted pursuant to this chapter
and chapter 1-26, the commission shall issue the license.
Section
13.
That
§
36-15-33
be amended to read as follows:
36-15-33.
Any person entering or enrolling in a licensed beauty school for training in the
practice or art of cosmetology
must make application
or nail care shall apply
to the commission
for a student license
within ten days after the date of
his
enrollment.
Such
The applicant for a
student license shall be at least sixteen and one-half years of age. The
application shall contain
the information required pursuant to
§
36-15-15
, except the age of such applicant must be at
least sixteen and one-half years,
and the name and location of the beauty school being attended.
Upon receipt of the application and the fee provided for in this chapter, the commission shall
issue to
such student
the
applicant a
"
student
"
license which
shall entitle
entitles
the student to
complete the course of training in which
he
the student
is enrolled without additional license
fees. If the student withdraws from the beauty school or course in cosmetology
or nail care
for
which the fee was paid
,
and later enrolls in the same or
a
different beauty school or course,
he
the student
shall
again
pay the
original
student
license fee
required by this chapter
again
.
Section
14.
That
§
36-15-34
be amended to read as follows:
36-15-34.
Any person who wishes to transfer from an out-of-state school of cosmetology
to a licensed beauty school in this state for the purpose of meeting the requirements of the state
for commission examination in cosmetology
, must
or nail care shall
apply for a
student's
student
license pursuant to
§
36-15-33. The
cosmetology
commission may
make rules and regulations
adopt rules pursuant to chapter 1-26
establishing requirements relating to courses and
instruction received by such transfer students. Such transfer students shall be given South
Dakota credit hours
therefor as may be
for their out-of-state training as
determined and allowed
by the commission.
Section
15.
That
§
36-15-37
be amended to read as follows:
36-15-37.
No owner, employer, manager
,
or any other person
shall
may
conduct
simultaneously a beauty shop or
beauty establishment
nail shop
and a beauty school, unless
said
the
shop
or establishment
is conducted
separate and apart
separately
from the beauty school so
as not to be construed by the public as one enterprise.
Section
16.
That
§
36-15-42
be amended to read as follows:
36-15-42.
Any person
upon application made
may apply
to the
cosmetology
commission
shall
to
be licensed as an
"apprentice"; provided evidence satisfactory to the commission is
submitted that such
apprentice if the applicant submits evidence satisfactory to the commission
that the
applicant possesses those qualifications
, except for age,
required pursuant to
§
36-15-15
,
except that such applicant must be at least seventeen years of age,
and the beauty shop or
establishment
nail shop
in which the apprentice
shall
will
serve and receive instruction is
currently licensed and is adequately equipped to teach the profession of cosmetology
or nail
care, as applicable. Any applicant for an apprentice license shall be at least seventeen years of
age
. Any
"
apprentice
"
license issued pursuant to this chapter
shall be
is
good for the full period
of the apprenticeship as defined in
§
36-15-45
, and shall not be
and is not
renewable.
Such
The
application
must
shall
be accompanied
by
with
the fee required by this chapter.
Section
17.
That
§
36-15-45
be amended to read as follows:
36-15-45.
A licensed "apprentice" must receive instruction in the practice of cosmetology
as required by this chapter in the same licensed beauty shop or establishment for a period of
eighteen continuous and consecutive months; provided, however, that upon written application
and good cause appearing therefor to the satisfaction of the commission, the commission may
permit the apprentice to transfer to another licensed beauty shop or establishment for the
completion of the required term of said apprenticeship; and provided further, that the
commission may allow a break in such continuous and consecutive period at their discretion
upon application and good cause therefor.
A licensed apprentice in cosmetology shall receive
instruction in the practice of cosmetology as required by this chapter in the same licensed beauty
shop for eighteen consecutive months. A licensed apprentice in nail care shall receive
instruction in the practice of nail care as required by this chapter for six consecutive months in
the same licensed beauty shop or nail shop. The commission may permit an apprentice to
transfer to another licensed beauty shop or nail shop, as applicable, for completion of the
apprenticeship if the apprentice applies for the transfer in writing to the commission and shows
good cause for the request. The commission may permit a break in the consecutive period of the
apprenticeship if the apprentice applies for the break in writing to the commission and shows
good cause for the request. The commission shall define good cause by rule promulgated
pursuant to chapter 1-26.
Section
18.
That
§
36-15-46
be amended to read as follows:
36-15-46.
The
cosmetology
commission may
make reasonable rules and regulations
prescribing
prescribe
textbooks, instructional material
,
and the general course of study required
for beauty schools and
for
beauty shops
or establishments
and nail shops
having
an apprentice
or
one or more
apprentices. Such textbooks and instructional material must be furnished
to the
apprentice without any charge or cost for the use thereof
without charge for use by apprentices
.
Section
19.
That
§
36-15-47
be amended to read as follows:
36-15-47.
Any apprentice licensed pursuant to this chapter
shall be authorized to follow or
may
practice any of the practices of cosmetology
; provided, that such practice of cosmetology
if the practice
is performed only in a beauty shop or
establishment
a nail shop
licensed pursuant
to this chapter
, that such
; the
apprentice is under the constant supervision, control
,
and direction
of a licensed
"
senior instructor
"
at all times
;
and
that such
the
apprentice is actually engaged in
the study and practice of cosmetology
or nail care
at least forty hours a week.
Section
20.
That
§
36-15-50
be amended to read as follows:
36-15-50.
Any person who
has completed
completes
the term of apprenticeship pursuant to
this chapter more than ten days
prior to
before
the time set for a regular commission
examination in cosmetology
or nail care, as applicalbe to the apprenticeship
, may
make
application
apply
to the
cosmetology
commission for a temporary license which will authorize
such
the
applicant to perform all the practices of a regularly licensed
cosmetologist "operator."
Said
cosmetology operator or nail technician, as applicable. The
application
must
shall
be
accompanied with evidence satisfactory to the commission that
such
the
applicant possesses the
qualifications required pursuant to
§
36-15-15 and that the apprenticeship period has been
completed.
Upon acceptance and issuance by the commission, said temporary license shall be
A temporary license issued by the commission is
good until the date of the next regular
commission examination in cosmetology
, provided, however, that if the holder thereof submits
for examination at such time, the temporary license shall thereupon be extended until the result
of such person's examination is mailed to him
or nail care, as applicable. If the holder of a
temporary license takes the examination at that time, the commission shall extend the temporary
license until the result of the examination is mailed to the person
. The application
must
for a
temporary license shall
be accompanied
by
with
the fee required by this chapter for
such
the
temporary license and
by the
examination fee.
Section
21.
That
§
36-15-50.1
be amended to read as follows:
36-15-50.1.
Any person who
has successfully completed
successfully completes
a course
of training in an approved and licensed beauty school in this state
,
or in any other licensed
beauty school not located within this state
approved by the commission and to its satisfaction
shown
that is shown to the satisfaction of the commission
to be equally comparable, more than
ten days
prior to
before
the time set for a regular commission examination in cosmetology
or
nail care, as applicable to the training
, may
make application
apply
to the commission for a
temporary license which will authorize
such
the
applicant to perform all the practices of a
regularly licensed
cosmetologist "operator." Such
cosmetology operator or nail technician, as
applicable. The
application shall contain evidence satisfactory to the commission that the course
of training
in an approved and licensed cosmetology school
has been successfully completed
,
and
must
shall
be accompanied
by
with
the fee
for a temporary license as
provided
for
by this
chapter
for such temporary license
. The application
must
shall
also be accompanied
by
with
the
application and fee for an
operator's
operator or nail technician
license.
Upon acceptance and
issuance by the commission, said temporary license shall be
A temporary license issued by the
commission is
good until the date of the next regular commission examination in cosmetology
,
provided, however, that if the holder thereof submits for examination at such time, the
temporary license shall thereupon be extended until the result of such person's examination is
mailed to him
or nail care, as applicable. If the holder of a temporary license takes the
applicable examination at that time, the commission shall extend the temporary license until the
result of the examination is mailed to the person
.
Section
22.
That
§
36-15-51
be amended to read as follows:
36-15-51.
Any person desiring to operate or conduct a beauty shop or establishment where
any or all of the arts of cosmetology are practiced shall make application to the commission for
a beauty shop license, and such application shall state whether the application is made for a
general license or a limited license. In the event such application is for a limited license, the
same shall state what arts of cosmetology are to be practiced at the shop where the license is
applied for. Operation of such beauty shop or establishment without a license is a petty offense,
and if a license is limited it is a petty offense to practice the art of cosmetology in such beauty
shop or establishment in excess of the limitations set forth in the license. All beauty shop and
beauty establishment licenses shall expire on the thirty-first day of January of each year and
shall be renewable annually. Such application shall be accompanied by the fee required by this
chapter.
Any person who desires to operate a beauty shop where all of the arts of cosmetology
are practiced shall apply to the commission for a general beauty shop license. Any person who
desires to operate a beauty shop where the practice of cosmetology is limited to one or a few of
the arts specified in
§
36-15-2 shall apply to the commission for a limited beauty shop license.
The application for a limited license shall state the arts of cosmetology desired to be practiced.
Any person who desires to operate a nail shop where only nail care is practiced shall apply to
the commission for a nail shop license. The application fee set pursuant to
§
36-15-20 shall
accompany the application. All beauty shop and nail shop licenses expire on January thirty-first
each year and are renewable annually. Operation of a beauty shop or a nail shop without a
license is a petty offense. The practice of cosmetology beyond the limits specified in the license
is a petty offense.
Section
23.
That
§
36-15-51.1
be amended to read as follows:
36-15-51.1.
Before a new
If a
beauty shop or
beauty establishment may open to the public
or change
nail shop changes
location or ownership,
an application shall be made
the owner or
manager of the shop shall apply to the commission
for a new license pursuant to
§
36-15-51
as
an original license. Such
. The
application
,
shall be
accompanied with the license fee provided
for by this chapter
, shall be made to the state cosmetology commission
. The commission may
issue a temporary permit to
such
the
applicant
until such time as an official inspection can be
made of the premises by the commission
which is valid for ninety days. During that time, the
commission shall inspect the premises
. The owner or manager of a beauty shop or
establishment
nail shop
that changes location
,
or
ownership or is closed shall immediately notify the
commission of
such
that
fact.
Section
24.
That
§
36-15-53.1
be amended to read as follows:
36-15-53.1.
A beauty shop or beauty establishment shall, at all times, be under the
supervision of a cosmetologist who holds a currently valid "manager-operator" license. It is a
petty offense for any beauty shop or beauty establishment, or owner thereof, to offer or render
any or all practices of cosmetology to the public unless such shop or establishment has a
licensed "manager-operator" in cosmetology present in such shop or establishment.
A beauty
shop shall be at all times under the supervision of a person who holds a currently valid
manager-operator license. A nail shop shall be at all times under the supervision of a person
who holds a currently valid manager-operator or manager-nail technician license. It is a petty
offense for a beauty shop or nail shop or its owner to offer or render any of the practices of
cosmetology to the public unless the shop has a licensed manager-operator or manager-nail
technician, as applicable, present in the shop.
Section
25.
That
§
36-15-54
be amended to read as follows:
36-15-54.
No person, except
Only
demonstrators while demonstrating under the provisions
of this chapter
, shall
may
practice any of the arts of cosmetology for compensation, fee
,
or
for
any other remuneration outside of the premises of a licensed beauty shop or
beauty
establishment,
a licensed nail shop
unless the person desiring any or all of the cosmetological
services is unable to come to
such
the
beauty shop or
establishment
nail shop
because of
sickness or other
physical disabilities
disability
.
Section
26.
That subdivision (8) of
§
36-15-60
be amended to read as follows:
(8)
Allowing the practice of cosmetology by an operator except under the immediate and
constant supervision and direction of a licensed manager-operator
or by a nail
technician except under the immediate and constant supervision and direction of a
licensed manager-operator or a licensed managing nail technician
;
Section
27.
That subdivision (9) of
§
36-15-60
be amended to read as follows:
(9)
Operating a beauty shop,
beauty establishment
nail shop,
or beauty school for any or
all of the arts of cosmetology without having first obtained
a
the applicable
license
therefor
as provided in this chapter; and
Section
28.
That ARSD 20:42:01:02 be repealed.
20:42:01:02.
Manicuring is the care and beautification of the nails of the hands and feet,
including but not limited to filing, trimming, or buffing, and the application of polish,
wrappings, and other materials or substances on the nails.
